Download Supreme Court Case Study 65 Bethel School District v Fraser ... and more Exercises Integrated Case Studies in PDF only on Docsity! Name: _________________________ Date: _______________________ Class: ______________ Supreme Court Case Study 65 Bethel School District v Fraser, 1986 Background of the Case: Matthew Fraser, a student at Bethel High School in Pierce County, Washington, gave a speech to a school assemble nominating a fellow student for elective office. About 600 high school students elected to attend the assembly. Throughout his speech, Fraser used “an elaborate, graphic, explicit sexual metaphor” to describe his candidate. The assembly was a regular part of a school-sponsored educational program in self-government. Students were required to attend the assembly or report to a study hall. Fraser has discussed his speech in advance with two of his teachers. Both warned him that the speech was “inappropriate” and that he “probably should not deliver it.” They warned him that giving the speech might have “severe consequences” for him. Fraser chose to ignore this advice. His speech disrupted the assembly. Students “hooted and yelled.” Others appeared to be embarrassed. As a result, under the school’s disruptive conduct rule, school officials suspended Fraser from school for three days and removed his name from a list of possible graduation speakers. The school’s rule prohibited conduct that “materially and substantially interferes with the educational process… including the use of obscene, profane language or gestures.” Fraser challenged the constitutionality of the school’s punishment under this rule. He claimed the school’s punishment violated his right to free speech as guaranteed by the First Amendment. Eventually the case made its way to the United States Supreme Court. Constitutional Issue: Controversies over First Amendment rights to free speech often arise from unexpected sources and circumstances, and a common question is whether these rights apply to certain individuals – for example, children. The First Amendment does not specify whether the rights of free speech are limited to persons of any particular age. Does this mean that adults have greater freedom to use whatever language they choose than young people? Do students in high school have the same freedom as older people? Does the First Amendment protection of free speech prevent school officials from limited obscene or vulgar speech that could disrupt the educational process? The Supreme Court’s Decision By a vote of 7 to 2 the Court ruled that, under the First Amendment, school officials have the authority to discipline students for lewd or indecent speech at school events. Chief Justice Warren E. Burger wrote the decision.
